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BARTON v. UNITED PARCEL SERVICE, INC.

No. 61625.

842 S.W.2d 951 (1992)

Walter BARTON and Wanda Barton, Plaintiffs/Appellants, v. UNITED PARCEL SERVICE, INC., Mike McAdaragh and Jeff Hall, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

December 22, 1992.

Attorney(s) appearing for the Case

Matthew J. Padberg, Padberg, McSweeney, Slater & Merz, St. Louis, for plaintiff/appellants.

Gerard Thomas Noce, Evans & Dixon, Mark Joseph Cero, Law Offices of John D. Wendler, St. Louis, for defendants/respondents.

CRANE, Judge.

Plaintiffs, Walter and Wanda Barton, an injured worker and his spouse, appeal the dismissal of their first amended petition against defendants United Parcel Service (UPS) and two of its employees for injuries the worker sustained while installing a conveyor system on UPS's premises. The trial court dismissed for lack of subject matter jurisdiction, finding the worker to be a statutory employee of UPS. We reverse because the pleadings and exhibit on record...

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